  | I. | THE PERIOD OF AMERICANIZATION | 1 | | War and Marshall's career—Federalists become British partisans—Their hatred of France—Republicans are exactly the reverse—The deep and opposite prejudices of Marshall and Jefferson—Cause of their conflicting views—The people become Europeanized—They lose sight of American considerations—Critical need of a National American sentiment—Origin of the War of 1812—America suffers from both European belligerents—British depredations—Jefferson retaliates by ineffective peaceful methods—The Embargo laws passed—The Federalists enraged—Pickering makes sensational speech in the Senate—Marshall endorses it—Congress passes the "Force Act"—Jefferson practices an autocratic Nationalism—New England Federalists propose armed resistance and openly advocate secession—Marshall rebukes those who resist National authority—The case of Gideon Olmstead—Pennsylvania forcibly resists order of the United States Court—Marshall's opinion in U.S. vs. Judge Peters—Its historical significance—The British Minister repeats the tactics of GenÊt—Federalists uphold him—Republicans make great gains in New England—Marshall's despondent letter—Henry Clay's heroic speeches—War is declared—Federalists violently oppose it: "The child of Prostitution"—Joseph Story indignant and alarmed—Marshall proposed as Presidential candidate of the peace party—Writes long letter advocating coalition of "all who wish peace"—Denounces Napoleon and the Decree of St. Cloud—He heads Virginia Commission to select trade route to the West—Makes extended and difficult journey through the mountains—Writes statesmanlike report—Peace party nominates Clinton—Marshall criticizes report of Secretary of State on the causes of the war—New England Federalists determine upon secession—The Administration pamphlet on expatriation—John Lowell brilliantly attacks it—Marshall warmly approves Lowell's essay—His judicial opinions on expatriation—The coming of peace—Results of the war—The new America is born. | | II. | MARSHALL AND STORY | 59 | | Marshall's greatest Constitutional decisions given during the decade after peace is declared—Majority of Supreme Court becomes Republican—Marshall's influence over the Associate Justices—His life in Richmond—His negligent attire—Personal anecdotes—Interest in farming—Simplicity of habits—Holds Circuit Court at Raleigh—Marshall's devotion to his wife—His religious belief—His children—Life at Oak Hill—Generosity—Member of Quoit Club—His "lawyer dinners"—Delights in the reading of poetry and fiction—Familiarity and friendliness—Joseph Story first meets the Chief Justice—Is captivated by his personality—Marshall's dignity in presiding over Supreme Court—Quickness at repartee—Life in Washington—Marshall and Associate Justices live together in same boarding-house—His dislike of publicity—Honorary degrees conferred—Esteem of his contemporaries—His personality—Calmness of manner—Strength of intellect—His irresistible charm—Likeness to Abraham Lincoln—The strong and brilliant bar practicing before the Supreme Court—Legal oratory of the period—Length of arguments—Joseph Story—His character and attainments—Birth and family—A Republican—Devotion to Marshall—Their friendship mutually helpful—Jefferson fears Marshall's influence on Story—Edward Livingston sues Jefferson for one hundred thousand dollars—Circumstances leading to Batture litigation—Jefferson's desire to name District Judge in Virginia—Jefferson in letter attacks Marshall—He dictates appointment of John Tyler to succeed Cyrus Griffin—Death of Justice Cushing of the Supreme Court—Jefferson tries to name Cushing's successor—He objects to Story—Madison wishes to comply with Jefferson's request—His consequent difficulty in filling place—Appointment of Story—Jefferson prepares brief on Batture case—Public interest in case—Case is heard—Marshall's opinion reflects on Jefferson—Chancellor Kent's opinion—Jefferson and Livingston publish statements—Marshall ascribes Jefferson's animosity in subsequent years to the Batture litigation. | | III. | INTERNATIONAL LAW | 117 | | Marshall uniformly upholds acts of Congress even when he thinks them unwise and of doubtful constitutionality—The Embargo, Non-Importation, and Non-Intercourse laws—Marshall's slight knowledge of admiralty law—His dependence on Story—Marshall is supreme only in Constitutional law—High rank of his opinions on international law—Examples: The Schooner Exchange; U.S. vs. Palmer; The Divina Pastora; The Venus; The Nereid—Scenes in the court-room—Appearance of the Justices—William Pinkney the leader of the American bar—His learning and eloquence—His extravagant dress and arrogant manner—Story's admiration of him—Marshall's tribute—Character of the bar—Its members statesmen as well as lawyers—The attendance of women at arguments—Mrs. Smith's letter—American Insurance Co. et al. vs. David Canter—Story delivers the opinion in Martin vs. Hunter's Lessee—Reason for Marshall's declining to sit in that case—The Virginia Republican organization—The great political triumvirate, Roane, Ritchie, and Taylor—The Fairfax litigation—The Marshall purchase of a part of the Fairfax estate—Separate purchases of James M. Marshall—The Marshall and Virginia "compromise"—Virginia Court of Appeals decides in favor of Hunter—National Supreme Court reverses State court—The latter's bold defiance of the National tribunal—Marshall refuses to sit in the case of the Granville heirs—History of the Granville litigation—The second appeal from the Virginia Court in the Fairfax-Martin-Hunter case—Story's great opinion in Fairfax's Devisee vs. Hunter's Lessee—His first Constitutional pronouncement—Its resemblance to Marshall's opinions—The Chief Justice disapproves one ground of Story's opinion—His letter to his brother—Anger of the Virginia judges at reversal of their judgment—The Virginia Republican organization prepares to attack Marshall. | | IV. | FINANCIAL AND MORAL CHAOS | 168 | | February and March, 1819, mark an epoch in American history—Marshall, at that time, delivers three of his greatest opinions—He surveys the state of the country—Beholds terrible conditions—The moral, economic, and social breakdown—Bad banking the immediate cause of the catastrophe—Sound and brilliant career of the first Bank of the United States—Causes of popular antagonism to it—Jealousy of the State banks—Jefferson's hostility t
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